Section 11153 Of Article 1. Requirements Of Prescriptions From California Health And Safety Code >> Division 10. >> Chapter 4. >> Article 1.
11153
. (a) A prescription for a controlled substance shall only be
issued for a legitimate medical purpose by an individual practitioner
acting in the usual course of his or her professional practice. The
responsibility for the proper prescribing and dispensing of
controlled substances is upon the prescribing practitioner, but a
corresponding responsibility rests with the pharmacist who fills the
prescription. Except as authorized by this division, the following
are not legal prescriptions: (1) an order purporting to be a
prescription which is issued not in the usual course of professional
treatment or in legitimate and authorized research; or (2) an order
for an addict or habitual user of controlled substances, which is
issued not in the course of professional treatment or as part of an
authorized narcotic treatment program, for the purpose of providing
the user with controlled substances, sufficient to keep him or her
comfortable by maintaining customary use.
(b) Any person who knowingly violates this section shall be
punished by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code, or in a county jail not exceeding one year, or by
a fine not exceeding twenty thousand dollars ($20,000), or by both
that fine and imprisonment.
(c) No provision of the amendments to this section enacted during
the second year of the 1981-82 Regular Session shall be construed as
expanding the scope of practice of a pharmacist.